(a) Transmission of Documents.
Upon ﬁling of a notice of appeal in a civil
case, the clerk of the district court shall forthwith transmit a copy of the
notice of appeal to the clerk of the court of appeals, who shall promptly enter
the appeal upon the appropriate records of the court of appeals. Each notice of
appeal so transmitted shall have appended thereto a copy of:

(1) the docket sheet of the court or agency
from which the appeal is taken;

(2) the judgment order sought to be reviewed;

(3) any opinion or ﬁndings;

(4) any report and recommendation prepared by
the United States Magistrate.

(b) Filing Pre-Argument Statement.

(1) Civil appeals from United States District Courts. Within fourteen
days after ﬁling the notice of appeal in the district court, the appellant shall
cause to be ﬁled with the clerk of the court of appeals, with service on all
other parties, an original and two (2) copies of the pre-argument statement
setting forth information necessary for an understanding of the nature of the
appeal. (see form 6CA-53).

(2) Review of Administrative Agency Orders: Applications for
Enforcement. Within fourteen days after the ﬁling of a petition for review of
an order of an administrative agency, board, commission or ofﬁcer, or an
application for enforcement of an order of an agency, the petitioner or
applicant shall cause to be ﬁled with the clerk of the court of appeals, with
service on all other parties, an original and two (2) copies of a pre-argument
statement setting forth information necessary for an understanding of the nature
of the petition or application (see form 6CA-54).

(c) Pre-Argument Conference.

(1) All civil cases shall be reviewed to determine if a pre-argument
conference, pursuant to Rule 33, Federal Rules of Appellate Procedure, would be
of assistance to the court or the parties. Such a conference may be conducted
by a circuit judge or a staff attorney of the court known as the conference
attorney. An attorney may request a pre-argument conference in a case if he or
she thinks it would be helpful.

(2) A circuit judge or conference attorney may direct the attorneys
for all parties to attend a pre-argument conference, in person or by telephone.
Such conference shall be conducted by the conference attorney or a circuit judge
designated by the chief judge, to consider the possibility of settlement, the
simpliﬁcation of the issues, and any other matters which the circuit judge or
conference attorney determines may aid in the handling of the disposition of the
proceedings.

(3) A judge who participates in a pre-argument conference or becomes
involved in settlement discussions pursuant to this rule will not sit on a
judicial panel that deals with that case, except that participation in a
pre-argument conference shall not preclude a judge from participating in any en
banc consideration of the case.

(4) The statements and comments made during the pre-argument
conference are conﬁdential, except to the extent disclosed by the pre-argument
conference order entered pursuant to Rule 18(d), and shall not be disclosed by
the conference judge or conference attorney nor by counsel in briefs or
argument.

(d) Pre-Argument Conference Order.
To effectuate the purposes and results of the pre-argument conference, the
circuit judge or the clerk of the court at the behest of the conference attorney
shall enter a pre-argument conference order controlling the subsequent course of
the proceedings.

(e) Non-Compliance Sanctions.

(1) If the appellant, petitioner or applicant has not taken the action
speciﬁed in paragraph (b) of this procedure within the time speciﬁed, the
appeal, petition or application may be dismissed by the clerk without further
notice.

(2) Upon failure of a party or attorney to comply with the provisions
of this rule or the provisions of the pre-argument conference order, the Court
of Appeals may assess reasonable expenses caused by the failure, including
attorney’s fees; assess all or a portion of the appellate costs; or dismiss the
appeal.

The Sixth Circuit now conducts
pre-argument conferences in many civil appeals. The primary purpose of the
conference is to examine the issues being raised on appeal and discuss
possible bases for settlement. Most conferences are conducted by telephone.
All discussions are conﬁdential and off the record.

Conferences are not scheduled in all
cases. If you think a conference could be beneﬁcial in this appeal, call
Teresa Lanier at the Conference Attorney’s Ofﬁce, telephone (515) 684-3881,
and one will be scheduled.

Pursuant to Rule 18, Rules of the
Sixth Circuit, a pre-argument
telephone conference is scheduled for

_____________________, 198__, at ___________eastern
standard time.

The attorneys addressed above are
understood to be the attorneys in charge of this appeal and are required to
participate. The undersigned should be advised immediately if counsel other
than those listed above should be involved.

The purposes of a pre-argument
conference are (1) to identify and attempt to resolve any matters which may
interfere with the smooth handling or disposition of the proceeding, (2) to
clarify issues presented in the appeal, and (3) to explore possibilities of
settlement.

Counsel should be prepared to discuss
the merits of the case for purposes of settlement and should have proposals
and/or authority to terminate this litigation consistent with the interest
of their clients.

It appearing to the parties that this
appeal has been taken from an interlocutory and non-appealable order,
pursuant to discussion and agreement under Sixth Circuit Rule 18 the parties
hereby stipulate that an order be entered by the Court dismissing the within
appeal(s) for the reason that the Court is without jurisdiction to decide
the case.

Pursuant to Rule 18, Rules of the
Sixth Circuit, the FRAP and Circuit Court rules pertaining to the submission
of briefs* in this matter are suspended for a period of (No. of days
suspended), thereby making appellant’s/appellee’s brief due (new due date).

Very truly yours,

Robert W. Rack, Jr.

RWR/tl

cc: Deputy Clerk

Note:
When necessary, transcript preparation is also delayed and appellant is
authorized to stop work by the Court Reporter.

Pursuant to the agreement reached
between the parties in the above-captioned appeal, I am enclosing for your
convenience a form Stipulation to Dismiss. Please execute same by signing
and forwarding to (opposing counsel) for their signature and return to this
ofﬁce.

Counsel are reminded that the
appellant’s brief is currently due on (current due date) and that the
Clerk’s Ofﬁce will expect either the Stipulation to Dismiss or appellant’s
brief by that date and may dismiss for want of prosecution if not received.

Thank you for your cooperation.

Very truly yours,

Robert W. Rack, Jr.

RWR/tl

cc: Deputy Clerk

Enc.

Note: The Form Stipulation on the following page accompanies this
letter.

If
there is no current due date for appellant’s brief, counsel are usually given
two weeks to execute and return the Form Stipulation.

No. 00-0000

United States Court of Appeals

for the Sixth Circuit

:

(Case Caption)
:

: stipulation to dismiss

: : : : : :

The undersigned hereby stipulate that
the above appeal may be dismissed with prejudice upon such terms as have
been agreed upon by the parties.